Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Documents or under state and federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans (including the Operative Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Master Servicer. (ii) Notwithstanding anything in this Agreement or any of the Operative Documents to the contrary, the Master Servicer shall be responsible for promptly notifying the Owner Trustee and the Indenture Trustee in the event that any withholding
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Advanta Mortgage Loan Trust 1998-4c), Sale and Servicing Agreement (Advanta Mortgage Loan Trust 1998-4c)
Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Basic Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Basic Documents or under state State and federal Federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Basic Documents, including, without limitation, pursuant to Sections 2.6 of the Trust Agreement. In accordance with the directions of the Issuer or the Owner Trustee, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans Collateral (including the Operative Basic Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Master Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Operative Documents . The Servicer shall perform its administrative duties with respect to the contrary, Issuer in accordance with the Master Servicer shall be responsible for promptly notifying the Owner Trustee and the Indenture Trustee requirements enumerated in the event that any withholdingSection 6.7
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Transaction Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Transaction Documents or under state and federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Documents. In accordance with the directions of the Issuer or the Owner TrusteeIssuer, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans Collateral (including the Operative Transaction Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Master Servicer.
(ii) Notwithstanding anything Without imposing upon the Servicer any obligation in this Agreement or any respect of the Operative Documents determination of the applicability of withholding tax on payments to Noteholders, or the contraryamount of any such withholding tax, the Master Servicer shall be responsible for promptly notifying notify the Owner Trustee and the Indenture Trustee Deal Agent in the event that the Servicer determines that a withholding tax has been imposed upon payments by the Issuer to Noteholders.
(iii) In carrying out the foregoing duties or any withholdingof its other obligations under this Agreement, the Servicer may enter into transactions with or otherwise deal with any of its Affiliates; PROVIDED, HOWEVER, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer and shall be, in the Servicer's opinion, no less favorable to the Issuer in any material respect.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Investors Financial Services Group Inc)
Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Transaction Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Issuer Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Documents or under state and federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Documents. In accordance with the directions of the Issuer or the Owner Issuer Trustee, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans (including the Operative Documents) Issuer as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Issuer Trustee and are reasonably within the capability of the Master Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Operative Transaction Documents to the contrary, the Master Servicer shall be responsible for promptly notifying the Owner Issuer Trustee and the Indenture Trustee in the event that the Servicer has knowledge that any withholdingwithholding tax is imposed on the Issuer's payments (or allocations of income) to a Certificateholder. Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Issuer Trustee or the Indenture Trustee pursuant to such provision.
Appears in 1 contract
Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Transaction Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Transaction Documents or under state and federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Transaction Documents, including, without limitation, pursuant to Sections 2.6 and 2.11 of the Trust Agreement. In accordance with the directions of the Issuer or the Owner Trustee, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans Collateral (including the Operative Transaction Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Master Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Operative Transaction Documents to the contrary, the Master Servicer shall be responsible for promptly notifying the Owner Trustee and the Indenture Trustee Trust Collateral Agent in the event that any withholdingwithholding tax is
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)
Duties with Respect to the Issuer. (i) In addition to the duties of the Master Servicer set forth in this Agreement or any of the Basic Documents, the Master Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Operative Basic Documents or under state State and federal Federal tax and securities laws, and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Operative Basic Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Master Servicer shall administer, perform or supervise the performance of such other activities in connection with the Mortgage Loans Collateral (including the Operative Basic Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Master Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Operative Documents to the contrary, the Master Servicer shall be responsible for promptly notifying the Owner Trustee and the Indenture Trustee in the event that any withholdingthe
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)